Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) Plaintiff, ) ) vs. ) ) PAL LLC; Ardys O'Brien; Paul Hallowell;) ) Laura Hallowell; Oasis Plant Rentals, ) ) Defendants. ) ) Susan Hughes, No. CV-03-2560-PHX-JAT ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pending before the Court is Plaintiff's Motion for Status Conference and Continuance of Discovery Cut-Off and Scheduling Deadlines (Doc. #62). The Current status of the case is as follows: Paul and Laura Hallowell: Ardys O'Brien: PAL LLC: Oasis Plant Rentals: Discovery cut-off: Dispositive Motions due: Dismissed (Doc. #66) Stayed due to bankruptcy (Doc. #14) Application for Entry of Default pending (Doc. #63) unknown December 2, 2005 January 6, 2006.

This case was filed on December 23, 2003, and is, therefore, almost two years old. As the Court stated at the Rule 16 conference, the Court does not set discovery and dispositive motion deadlines that expire more than two years after the case was filed. This case has already been given as brief reprieve from this rule as indicated above. The Court
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will grant Plaintiff a brief extension of the current deadlines. However, due to the age of this case, Plaintiff should not expect and will not receive any further extensions of these deadlines. Plaintiff must immediately complete any discovery and motions she wishes to pursue in this case. With respect to Defendant Oasis Plant Rentals, Plaintiff states that she is "still perfecting" default against Oasis. The Court does not know what this means. However, the Court does know that the First Amended Complaint, which added Oasis, was filed on July 15, 2005. Plaintiff was required to serve Oasis by November 15, 2005. The Court cannot determine from the docket in this case whether Oasis was ever served. Therefore, Plaintiff will be required to file a proof of service for Oasis. Then, within the Motions deadline set below (assuming Oasis's time to answer has expired), Plaintiff shall move for default. If Oasis has not been served, it will be dismissed pursuant to Federal Rule of Civil Procedure 4(m). At this point the Court does not deem a status conference to be necessary. Accordingly, IT IS ORDERED that Plaintiff's Motion for Status Conference (Doc. #62) is denied. IT IS FURTHER ORDERED that Plaintiff's Motion for Continuance of Discovery Cut-Off and Scheduling Deadlines (Doc. #62) is granted to the limited extent that all discovery shall be completed by January 13, 2006 and any dispositive motions shall be filed by February 13, 2006. IT IS FURTHER ORDERED that Plaintiff shall file a proof of service for Oasis Plant Rentals within 5 business days of this Order or show cause why Oasis Plant Rentals should not be dismissed for failure to serve as required by Federal Rule of Civil Procedure 4(m). /// /// /// /// -2Case 2:03-cv-02560-JAT Document 67 Filed 12/07/2005 Page 2 of 3

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IT IS FURTHER ORDERED that within 15 days of this Order, Plaintiff shall file a status report with respect to Ardys O'Brien's bankruptcy and whether Ardys O'Brien can be dismissed from this action because any claims against such Defendant would be part of the bankruptcy action. DATED this 7th day of December, 2005.

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